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New details in arrest of St. Albans lawyer

JESSIE FORAND
Published 5:08 p.m. ET June 16, 2014

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This black-and-white image included in a typed police affidavit shows Peter Martin’s car on the side of Maquam Shore Road in St. Albans. The picture is a still image from an in-car police video.
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The incident that landed Franklin County lawyer Peter Martin in court last week started out as a routine traffic stop, newly released court records show.

After Martin, 74, was pulled over for having a tinted window on his car, police said he became violent and was arrested. He pleaded not guilty Friday to charges of disorderly conduct and resisting arrest.

In an affidavit laying out the police’s version of events, arresting officer Michael Malinowski of the St. Albans Police Department said Martin received a ticket for having the tinted window, which is against Vermont law. As Martin pulled away from the 5:30 p.m. road stop in his 1999 Cadillac Deville, with license plates reading “SOSUMI,” the car became stuck in a ditch.

Malinowski called for a tow truck, and eventually driver Todd St. Pierre arrived.

But when St. Pierre denied Martin’s AAA coverage, Martin refused to pay for the towing service, according to court records.

Malinowski wrote in the affidavit that he confronted Martin, who became violent toward the officer and St. Pierre. Martin stepped on St. Pierre’s tow chains and “lunged” at the driver, and when Malinowski attempted to bring Martin to the ground, the lawyer grabbed the officer’s Taser, court records said.

Sgt. Francis McCarty responded to the scene at about 6 p.m., according to court records. He reported that Martin said to him, “You already missed all the fun.”

Martin had in his possession a .38 special handgun and a knife, according to court records. Malinowski wrote that he was afraid Martin was going to shoot him and used his foot to push Martin away from the gun as the weapon lay next to him in the road.

Martin was treated at Northwestern Medical Center following the incident. His attorney, Peter Langrock, told the Burlington Free Press on Friday that Martin needed stitches for a cut on his forehead, and that he received a shoulder injury.

Langrock said the police were to blame for Martin’s injuries.

Martin used window tint because he had an eye condition, Langrock said. Martin also has a heart problem.

Asked about the incident Monday, St. Albans City Manager Dominic Cloud said no formal complaint had been filed by Martin or Langrock.

The incident was being investigated, but no action has been taken against Malinowski, Cloud said.

Correction:An earlier version of this story attributed the statement “You already missed all the fun,” to Officer Michael Malinowski. The statement was made by Peter Martin, according to court records.